Interpreting the Second Amendment broadly, a federal appeals court in Washington yesterday struck down a gun control law in the District of Columbia that bars residents from keeping handguns in their homes.

The decision was the first from a federal appeals court to hold a gun control law unconstitutional on the ground that the Second Amendment protects the rights of individuals, as opposed to the collective rights of state militias. Nine other federal appeals courts around the nation have rejected that interpretation.

Weve been making progress on bringing down crime and gun violence, Ms. Singer said, and this sends us in a different direction.

By contrast, advocates of gun rights praised the decision, by the United States Court of Appeals for the District of Columbia Circuit, saying it raised the prospect of a national re-evaluation of the meaning of the Second Amendment and the rights of gun owners. They said the District of Columbia would have to begin procedures to allow handgun possession in private homes unless yesterdays decision was stayed.

Lawyers on both sides of the case said it had created a conflict among the federal courts of appeal on a significant constitutional issue, making review by the Supreme Court likely. The Supreme Court last considered the issue in 1939, and there are only scattered hints about how the current justices might rule.

The majority in yesterdays decision pointed to a 1998 dissent in which at least three current members (and one former member) of the Supreme Court have read bear arms in the Second Amendment to have meaning beyond mere soldiering. They were former Chief Justice William H. Rehnquist, who died in 2005, and Justices Ruth Bader Ginsburg, Antonin Scalia and David H. Souter.

Washington, D.C. is a tide pool of DemocRAT socialist politics. Were it not for the fact that the City receives a HUGE (and increasing) Federal payment every year, which somewhat covers over the crime, filth, disease etc. that plague the place, D.C. would look like something out of "Heart of Darkness."

22
posted on 03/10/2007 4:28:04 AM PST
by Jimmy Valentine
(DemocRATS - when they speak, they lie; when they are silent, they are stealing the American Dream)

While he was the Republican Mayor of New York City he appointed more than 60 men and women to the Civil, Criminal, and Family Court benchs. In all of those judicial appointment only two were Republican.

All of his other judical appointments were either registered Liberals or registered Democrats. As the Republican Mayor he had appointment power over more than 70 full commissioners in more than 50 City agencies, yet at no time during his administration did REPUBLICANS account for more than 10% of those appointments.

He even appointed Chuck Schumers wife as the Citys Department of Transportation Commissioner.

The bill of rights is the rights of the people as individuals. It is not a group thing.

True. A right MUST be possessed by an individual before it can be possessed by the collective society.

Nor can a 'collective' right exceed rights as possessed by an individual.

-----------

"When rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them." Miranda ~vs~ Arizona, 384 US 436 p. 491.

-------------------------------------------

"An unconstitutional act is not law; it confers no rights; it imposes no duties; affords no protection; it creates no office; it is in legal contemplation, as inoperative as though it had never been passed." Norton ~vs~ Shelby County, 118 US 425 p. 442.

-------------------------------------------

"The general rule is that an unconstitutional statute, though having the form and name of law, is in reality no law, but is wholly void, and ineffective for any purpose; since unconstitutionality dates from the time of it's enactment, not merely from the date of the decision branding it? No one is bound to obey an unconstitutional law and no courts are bound to enforce it." 6 Am Jur 2d, Sec 177, late 2d, Sec 256.

34
posted on 03/10/2007 7:04:56 AM PST
by MamaTexan
(Neither I or my children are administrative, corporate, legal , political or public entities!)

Liberals think only the Second Amendment should be read in a collective context. That makes no sense since even they concede the rest of the Bill Of Rights has always been understood to mean individual rights. I'd love to know where that suddenly changed when it comes to guns and the RKBA.

"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus

The right of self-defense does NOT require prior authorization from government since it pre-existed the emergence of society and the formation of government itself. No law may take that right away from any one.

"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus

Mr. Fenty said at a news conference. We intend to do everything in our power to get this decision overturned.

Good, that means the next step is probably the Supreme Court. If this is upheld by the Supreme Court, the effect will be nationwide. If DC doesn't appeal, then the effect, while important, is strictly local.

Another possibility is an intermediate hearing before the full DC Circuit court. However if that one upholds the decision, DC would presumably appeal to the Supreme Court, if not then the appellants will appeal.

The Supreme Court could refuse to hear the case, as they've done before. But if the case goes to the Supreme Court as is, that is with the DC laws declared unconstitutional, there will then be a clear disagreement between the circuits, and not in mere dicta. The SC will have a hard time refusing to hear the case if that is the situation before them. Not that they haven't been known to duck the Second Amendment before

37
posted on 03/10/2007 12:47:41 PM PST
by El Gato
("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)

The majority in yesterdays decision pointed to a 1998 dissent in which at least three current members (and one former member) of the Supreme Court have read bear arms in the Second Amendment to have meaning beyond mere soldiering. They were former Chief Justice William H. Rehnquist, who died in 2005, and Justices Ruth Bader Ginsburg, Antonin Scalia and David H. Souter.

Could this mean that Ginsburg would vote to affirm?

39
posted on 03/10/2007 4:10:37 PM PST
by ozoneliar
("The tree of liberty must be refreshed from time to time with the blood of patriots & tyrants" -T.J.)

Disclaimer:
Opinions posted on Free Republic are those of the individual
posters and do not necessarily represent the opinion of Free Republic or its
management. All materials posted herein are protected by copyright law and the
exemption for fair use of copyrighted works.